Patna High CourtCR. MISC./60475/2023allowed

Dhirendra Kumar v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60475 of 2023 Arising Out of PS. Case No.-999 Year-2022 Thana- BIHTA District- Patna ====================================================== Dhirendra Kumar Son Of Suresh Prasad Singh Resident Of Village - Jalpura, Police Station - Paliganj, District - Patna. At Present Jinpura Road, Purvee Deeh, Police Station - Bihta, District - Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 307, 379, 120B, 160, 216 of the Indian Penal Code and sections 27 of the Arms Act.

3. Prosecution case relates to commission of murder of the three persons, namely, Shatrudhan Rai, Lal Dev Rai and Mukesh Rai by indiscriminately firing by the accused persons including this petitioner at the instance of two rivalry groups for earning supremacy on sand mining.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner

Patna High Court CR. MISC. No.60475 of 2023(2) dt.15-09-2023 2/2 is not named in the FIR. Informant is not the eye witness of the alleged occurrence. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 1.5.2023 passed in Cr. Misc. No. 15301 of 2023. Petitioner is languishing in judicial custody since 24.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI, Danapur, Patna in connection with Bihta PS Case No. 999 of 2022.

(Sunil Kumar Panwar, J) sushma/- U